Joel Baker - Page 3

                                        - 3 -                                         
          an addition to tax under section 6651(a) for failure to file a              
          timely return in 1991; and (7) whether petitioner is liable for             
          negligence penalties under section 6662(a) for the years 1990 and           
          1991.                                                                       
               For the purposes of convenience, we have combined the                  
          findings of fact and discussion of pertinent legal issues.  Some            
          of the facts have been stipulated, and they are so found.  The              
          stipulation of facts and attached exhibits are incorporated                 
          herein by this reference.  At the time of filing the petitions,             
          petitioner resided in Berkeley, California.                                 
               We begin by noting that respondent's determinations are                
          presumed correct, and petitioner bears the burden of proving that           
          those determinations are erroneous.  Rule 142(a); Welch v.                  
          Helvering, 290 U.S. 111, 115 (1933).  Moreover, deductions are a            
          matter of legislative grace, and petitioner bears the burden of             
          proving that he is entitled to any deductions claimed.  INDOPCO,            
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992).                               
          Dependency Exemptions in 1990 and 1991                                      
               Petitioner is single, having been divorced from his former             
          wife in 1972, and his daughter, Jacqueline, resided with him in             
          1990.  Jacqueline was born on April 10, 1966.   Petitioner's                
          mother, Laverne Baker (Ms. Baker), resided with petitioner from             
          January 1 to September 1, 1991.  Ms. Baker, 80 years old during             
          that year, was blind and suffered from Alzheimer's disease.   Ms.           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011